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HomeMy WebLinkAbout08/10/88#0028 #0048 TAPE #563 AUG '1988 UNAPPROVED DRAFT CITY COUNCIL'MEETING MINUTES AUGUST 10, 1988 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4Th Street, Bremerton, Washington, Wednesday, August 10, 1988 at 5:30 p.m., with Council President Hank Waibel presiding. Council members present were Lon Overson, Lynn Horton, C. R. "Tiny" Collins, Morris Dawkins, Shirley Marty Crutcher and Russ Johnson and A1 Colvin. Councilman Spencer Horning was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Hank Waibel and Invocation was g~ven by Chaplain Ben Belcher of Harrison Hospital. CONSENT AGENDA A. Minutes of Meeting held - July 27, 1988, #AB88-194 M/S/C/U(Colvin/Crutcher) to approve Consent Agenda as amended with the insertion of the following wording on Page 5 under "Mr. Horning": "Also, he felt Community Boating Facilities regulations were too restrictive and needed further study". CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as. required by. RCW 42.24.090, have been recorded on a listing which has been made available to the council. M/S/C/U(Colvin/Dawkins) on August 10, 1988, the Council does approve for payment those vouchers included and further described as follows: 37906, 37907, 37908, 37909, 37910 and 37916 through 38051 in the total amount of $251,428.89 and Regular Payroll in the total amount of $335,962.89 COUNCIL MEMBER REPORTS Mr. Johnson introduced Todd Corelli, Council Summer Intern, and presented him with a Certificate Of Appreciation which noted the numerous accomplishments he made during his tenure with the City Council. Particularly noted was Todd's efforts in developing and submittal of a Grant Application for an Interview Specialist to assist in investigation of "abuse cases" against children in both the City of Bremerton and Kitsap County. Todd Corelli thanked the City Council for offering him the opportunity to work for the Council and also thanked Mike Bond, Council Summer Intern and Merilynn Erhart, Council Legislative Assistant, for their assistance. Mr. Colvin noted his concern over the recent newspaper article regarding Brem-Air Disposal's Dura Cans and felt that the article was premature and did not reflect a true picture of the City Council's role; and hoped to see Brem-Air and the City getting together to discuss the issue. Mr. Colvin reminded everyone of the Lions Pancake Breakfast on Saturday, August 13 as part of the Scalawag Waterfront Fair. Mr. Dawkins noted he personally liked hoped the Council and Brem-Air Disposal, agreement over their use. the Dura Can and he also Inc., could come to an Mr. Collins reported he was concerned with restrictions and equal enforcement in Residential Parking Zones and would speak more under Agenda Item 6C. Mr. Overson pointed out that Council members were wearing TAPE #563 City Council Reg. Mtg. Minutes August 10, 1988 Page 2 of 8 something a little different...Scalawag Tee Shirts .... to promote the 3rd Scalawag Waterfront Fair to be held August 13 and 14. He noted the recent effort by the Parks Department in cleaning up an area between Washington and 11th Street which provides access to Evergreen Park which will be very useful during the activities going on at Evergreen Park while the Pickle Family Circus is performing there. As a part of the Council Fiscal and Budget Committee meeting Ken Brees, Street Superintendent, reported that the City had received grant funding to upgrade traffic control lights in the downtown area which will improve traffic movements and handle one-way streets if initiated. Mr. Crutcher artended the Cable Advisory Committee on Monday and noted the many hours of volunteer service the City is receiving. He supported giving the volunteers some kind of reward for their many hours of service and noted the Council should be very grateful to the volunteers for their assistance. Mrs. Horton reported she had the opportunity to speak to the George Burns Club at Cypress Gardens - a group of individuals who are 90 years old or older. She noted they were very sharp minded individuals, interested in what is happening in the City and an example that life does not cease after retirement. Mrs. Horton announced that Scalawag Waterfront Fair Parade will commence at 10:30 AM on August 13 and many events were planned for a fun filled quality event. Mr. Waibel announced that the Scalawag kick-off dance held on August 5 was very successful and lots of fun for participants. #0659 Mr. Johnson stated that the issue of waste management is a more complex issue than just what type of garbage can should be used. He noted that attention has to be given to recycling, prolonging the life of landfills and managing the whole program in the future. He stated he would not oppose use of the Dura Cans as long as it was optional for the residents of Bremerton, however, he felt they did not encourage recycling. PUBLIC RECOGNITION Kim and Jim Wilson, 102 Arvon Avenue, expressed concern over their not being able to park their boat and trailer on the parking strip in front of their home without receiving parking tickets daily. They stated they will make further comment under Agenda Item 6C. 6A - ORDINANCE (FIRST READING) STREET VACATION: TERMINATION OF HEMLOCK STREET AT THE EAST SIDE OF WARREN AVENUE, AGENT: STEVE AHLSTROM, OWNER CITY OF BREMERTON~ #AB88-195 On June 17, 1987, the City Council approved the petition to vacate a portion of Hemlock Street at its termination of Warren Avenue's east side. The specific conditions required by the Council are contained in the attached Ordinance. The agenda packet also contained the necessary utility easements that need to be retained. When approved, the easements will be filed with the Kitsap County Auditor and recorded on the requested survey. Kathleen McCluskey, City Clerk, stated that the follow up action on this item had been delayed due to the applicant having to comply with the requirements approved on June 17, 1987. M/S/C/U(Dawkins/Crutcher) to approve Ordinance, on first reading, to vacate portion of that Street known as Hemlock Street adjacent to and east of the Warren Avenue Bridge approved per petition of Steve Ahlstrom (SV-3-87). 6B - ORDINANCE (FIRST READING) REZONE R-1 TO b-2 OF lOTS 169, 170 #0813 TAPE #563 City Council Reg. Mtg. Minutes August 10, 1988 Page 3 of 8 AND 171 AND VACATED STREET RIGHT-OF-WAY AT THE TERMINATION OF HEMLOCK STREET AT EAST SIDE OF WARREN AVENUE BRIDGE APPROACH. APPLICANT: STEVE AHLSTROM, #AB88-196 On June 17, 1987, the City Council approved the subject site to be rezoned from R-1 to B-2, subject to certain conditions. Before such action is legally in effect, the new ordinance for the subject rezone must be read two times by the City council, published in a local newspaper, and have a 30 day wait period. The specific conditions applicable to the rezone are contained in the ordinance under Section 2 (Specific Conditions). Mrs. Horton questioned why reference had not been made to the new proposed Zoning Ordinance relating to uses allowed for subject property? Ed Davis, Current Planning ManaGer, stated that the intended use for the rezoned property would fall under the Professional Office Building category under the new proposed Zoning Ordinance, which is pending adoption by the City Council. Mrs. Horton expressed concern that if some reference is not made to uses allowed under the new proposed Zoning Ordinance, the applicant may want to utilize the property for something that would not fall under the proposed zoning category. Mr. Davis explained that the rezone was granted with t'he understanding that the only possible use would be for parking for an existing facility. M/S/C/U(Horton/Crutcher) to approve Ordinance, on first reading~ amending the use and area map of Ordinance #1792 upon application of rezone from R-1 to B-2 and subject to various requirements and other applicable laws and regulations. (Steve Ahlstrom at Hemlock Street). President Waibel announced that Agenda Item 6D would not be heard but would be on Council Agenda for August 17, 1988. 6C - RESOLUTION #2224, RESIDENTIAL PARKING PERMIT PETITION EAST SIDE OF BLOOMINGTON AVENUE BETWEEN BURWELL AND FIRST STREETS, ZONE #30, #AB88-197 The residents of the 100 block of' Bloomington Avenue, between Burwell and First Streets on the east side have submitted a petition for residential permit parking. the petition has been signed by a minimum of 2/3 residents as required by BMC 21.08. The area has been posted for at least 10 days. Kathleen McCluskey, City Clerk, stated that the Engineering Department and the Police Department had approved the request noting the area is impacted by commuter vehicles. Kathleen McCluskey read into the record a letter received from Mrs. Kim Wilson, 102 Arvon, expressing her dismay that she cannot park her boat and trailer on the parking strip in front of her residence without getting ticketed daily and she objected to the City's regulations and hoped that something could be done to correct the situation. Mrs. Wilson included in her letter lists of other boats, trailers, etc., which were parked on parking strip areas but were not being ticketed. Roy McInnis, 2711 Maple Street, expressed his confusion in trying to follow Council's actions on granting or .not granting Residential Parking Permits. He supported Mrs. Wilson's position, as stated under Public Recognition, that there should be consistency in enforcement and what type of vehicle can be parked in front of residences. Mr. Collins noted that the intent of the neighborhood is to be able to park in front of their residence instead of commuters; and that the definition of "motorized" and "non-motorized" vehicles, in the ordinance, needs to be clarified. Mr. Collins #1388 TAPE #563 City Council Reg. Mtg. Minutes August 10, 1988 Page 4 of 8 described several trailer type vehicles that have been stationary or temporarily parked on parking strips. He supported having the ordinance reflect allowing residents to park their personal vehicles in front of or adjacent to their residences without being limited to parking time limits. Ian Sievers, City Attorney, stated this would require an amendment to the Residential Parking Zone Ordinance, the definitions are very clear and only those motor vehicles are exempt from time limitation; and, motor vehicles are those which are self-propelled and used for transportation and would not include a boat/ trailer. The other areas pointed out are in violation of the 24 hour limitation. The fact that there may be some unequal enforcement does not give the citizens the right to disobey the laws as written. President Waibel noted that the Parking Committee may have a broader scope of activity than was originally intended and assumes the Committee will address the Residential Parking Zone procedure as well as non-motorized vehicles. Mr. Dawkins stated when the residential parking program was set up there were not as many boats/trailers as there are now. He supported the Parking Committee review of this and come up with recommendations on resolution of this problem. President Waibel pointed out that there. may be some safety problems relating to certain type of vehicles. Mr. Johnson stated he did not support parking non-motorized boats and vehicles on the street, however, using parking strips and' having reasonable laws that determine how close to the street or sidewalk a vehicle can be parked is ok. Right now the City's laws do not allow this and possibly they need to be updated Mr. Crutcher stated he did not believe this type of item needed to be before City Council because the laws clearly state that it is not allowed and if a neighborhood qualified then they should be approved. M/S/C(Crutcher/Horton) to approve Resolution 2224, residential parking permit area (Zone #20). designating a Vote: In Favor: Oppose: Overson, Crutcher, Horton, Waibel Dawkins, Colvin, Johnson Collins 7A - PUBLIC HEARING - STREET VACATION (FILE #sv-88) LOCATION SOUTH SIDE OF KITSAP WAY BETWEEN FOREST AVENUE AND PERSHING AVENUE - APPLICANT: JAMES E. SKIRVING, #AB88-199 On June 21, 1988, the Bremerton Planning Commission held a public hearing as requested to vacate a portion of Kitsap Way right-of- way. On July 20, 1988, the Bremerton City Council set the date for this public hearing by adopting Resolution #2222. The City Council may uphold, amend of the Planning Commission. or reject the recommendation President Waibel asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members present being seated. Ed Davis, Manager Current Planning, made a slide/view graph presentation showing the location and surrounding area of the subject site. CurrentiT Kitsap Transit Transfer Station is on the proposed site and will be moved to a new location. The Planning Commission has approved the requested street vacation TAPE #563 City Council Reg. Mtg. Minutes August 10, 1988 Page 5 of 8 subject to three conditions: 1. The applicant shall confirm the need for any additional easements necessary for power, gas, telephone or cable facilities. If additional easements are needed, the applicant shall grant the necessary easements within the vacated area. 2. The applicant shall compensate the City for the property in accordance with City and State regulations. 3. The applicant shall develop and maintain a landscaped area along the entire front of the area to be vacated from Pershing Avenue to Forest Avenue except for those established areas for ingress and egress. The landscaped area shall be from the back side of the curb above or behind the sidewalk. The landscaping shall be a minimum of 10' (in width). The landscaping shall be developed prior to final building inspection. Landscaping shall be submitted to the Director of Community Development for approval. Mr. Davis provided a view graph showing the landscaping area, noting the requested 15 feet of vacation will be 15 to 20 feet behind the curb area which is in the right-of-way area. Paul Pazooki, Pazookie & McMenamin, representing the applicant, briefly reviewed the proposed site, noting that intended use is for a car wash on the north side of 40 Thieves. The landscaping requirements are agreeable to the applicant and Mr. Pazooki noted that the property had not been used since 1972. Bill Enaer, Bremerton Business Office Manger Puget Sound Power and Light Co., stated that utilities are in the area to be vacated and are basically supportive of the requested vacation provided an easement is included to cover Puget Power's~ transmission system. Elizabeth Bus11 stated she thought the requested area was a terrible spot for a car wash and questioned where will the Transit Transfer station be moved to. Jim Strait, President of Kitsap Neighborhood Association, stated he was not opposed to development but concerned with vacation of right-of-way on all thoroughfares. He also expressed concern that if vacation is granted that needed parking for businesses on the north side of Kitsap Way will be eliminated. Mr. Crutcher expressed concern over the possibility of hurting businesses to the north if parking was eliminated and asked for clarification on this issue. Mr. Pazooki stated no...that the proposed vacated portion does not take away any parking, just the portion between 40 Thieves and sidewalk which is currently being used by Kitsap Transit. Mr. Johson stated City Council's policy has been to not release rights-of-way until the improvements are final and questioned if this area has reached that final point? Dave Baker, City Engineer, stated the preliminary design work is complete and does indicate that the desired improvements can be constructed within the 50 ft., area if the 15 ft., is vacated. Mr. Johnson questioned how much area would be taken off the north side of the street to allow for the improvements? Mr. Baker stated the right-of-way on the north side is considerably wider and the preliminary plans do not move the center line of the existing street...the road will not be moved to the north. Mr. Johnson questioned when would the final plan be completed? Mr. Baker stated this is the portion that is in design now and should be done by the end of the year. TAPE #563 City Council Reg. Mtg. Minutes August 10, 1988 Page 6 of 8 Mr. Colvin questioned if the issue of easements for the Power Company was addressed in the ordinance? Bill Enaer noted that Puget Power would be protected through the easement as outlined in proposed Condition #1. Mr. Collins requested clarification as to Council's intent when adopting Resolution 2222, limiting granting of vacation of rights-of-way only after final improvement plans have been completed along Kitsay Way. Mr. Davis briefly reviewed the content of Resolution 2222 which supported Mr. Collin's understanding of the intent of the resolution. However, at that time Council was informed that there were two applications for vacation of rights-of-way in process and Council directed staff to proceed if the applicants wished to proceed. Mr. Collins questioned if there were any "exceptional circumstances" that this should be considered prior to 19907 Mr. Davis stated the applicant may consider it exceptional circumstances, however, it is up to the City Council to determine if exceptional circumstances exist. Mr. Overson re-emphasized that this application was one of those in process at time the resolution was adopted and did not see anything gained to hold off until 1990. Mr. Colvin questioned if there were any other reasons, other than the resolution, why the request should not be approved? Mr. Davis stated it could be put into two time frames - Engineering Department and other departments are looking at their final design in 1990 - 1995, will it satisfy all the demands and needs, however, one cannot foretell the needs 20-30 years after that.Mr. Colvin pointed out that the City could be loosing revenues if this proposal is delayed. Mr. Johnson questioned where the buss transfer station would be relocated? Mr. Davis stated Kitsap Transit is interested in a bus turnout lane and adequate space is planned in that area. Mr. Baker explained the bus turnout lane is included in the dimensions given. Mr. Johnson questioned if the existing' planting area will remain after the improvements are completed? Mr. Baker explained they would be removed. President Waibel questioned if that would comply with proposed Condition #3? Don Pratt, Director of Community Development, explained the condition also states that the landscape plan is approved by the Director of Community Development and what that does is to allow flexibility as changes occur. Mr. Johnson stated he expects to see 10 ft. of landscaping when the vacation is completed. Mr. Pratt stated if a bus turnout is located at that site he, as Director, would have the authority to make modifications. .Mr. Baker explained that the exact location of a bus turnout has not been designated, however, what has.been allowed is the width to allow a bus turnout. Mrs. Horton commented that requested, that the property roadblock should be removed Bremerton. she supported the vacation as had lain dormant too long and felt to allow businesses expanding in President Waibel questioned if Condition #3, as written, requires the property owner to maintain 10 ft. of landscaping on City property? Mr. Sievers stated one of the right-of-way uses the City implemented, planting strips, street trees, etc., can sell surplus land or vacate City land with restrictions or conditions to carry forward municipal purposes for the type of land, therefore the City can require some screening and landscaping on the portion that is being vacated. President Waibel pointed out that the way Condition #3 is written the landscaping would be TAPE #564 TAPE #563 City Council Reg. Mtg. Minutes August 10, 1988 Page 7 of 8 required on the portion that would stay within the City's right- of-way. Mr. Sievers stated that if that is an off set for compensation for the vacation it is something that can be considered, but it is not required of other property owners but is allowed if volunteered. Also, maintenance, except for dangerous conditions, would remain with the City. #0028 #0479 #0562 Mr. Johnson cautioned on moving to quickly, noting that the City of Bremerton only has two arterials...one in East Bremerton and one in West Bremerton - should be given serious review and planning. M/S/C(Collins/Johnson) to continue this request for vacation of street until final design is completed. Vote: In Favor: Oppose: Johnson, Collins, Dawkins Overson, Colvin, Crutcher, Horton, Waibel Motion Failed. M/S/C(Horton/Colvin) to approve the requested street vacation subject to the following three conditions: (1) The applicant shall confirm the need for any additional easements necessary for power, gas, telephone or cable facilities. If additional easements are needed, the applicant shall grant the necessary easements within the vacated area. (2) The applicant shall compensate the City for the property in accordance with City and State regulations. (3) The applicant shall develop and maintain a landscaped area along the entire front of the area to be vacated from Pershing to Forest Avenue except for those established areas for ingress and egress. The landscaped area shall be from the back side of the curb above or behind the sidewalk to the .street vacation line. The landscaping shall be a minimum of 10' (in width). The landscaping shall be developed prior to final building inspection. Landscaping plans shall be submitted to the Director of Community Development for approval. Motion Amendment M/S/C/U(Waibel/Colvin) to delete the wording in Condition #3, second sentence: "to the street vacation line". Vote on original motion: In Favor: Crutcher, Horton, Waibel, Dawkins, Colvin Oppose: Overson, Collins, Johnson With no further business meeting adjourned at 7:40 p.m. KATHLEEN L. MCCLUSKEY, CITY CLERK APPROVED TAPE #563 City Council Reg. Mtg. Minutes August 10, 1988 Page 8 of 8 City of Bremerton KLM/HW/me cc: Normal Distribution File/Vault